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Terms & Conditions

Your use of this site and the information available on this site is subject to the following terms and conditions:

Ownership
This site www.niteowls.com.au (Website) is owned and operated by Nite Owls, ABN 605 708 037 (Nite Owls).

Acceptance of Terms and Conditions
Your access and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the Terms and Conditions). Your use of and/or continued access to the Website constitutes your agreement to the Terms and Conditions.  

We may amend the Terms and Conditions at any time by posting the amended terms and conditions on the Website. The amended terms and conditions will be effective immediately and you will be bound by the amended terms and conditions from that time.

Use of Website from outside Australia
The information on this Website (the Information) and the Terms and Conditions have been prepared in accordance with Australian law. If you are residing in or accessing this Website from a country other than Australia (the User Country) the Information and the Terms and Conditions may not satisfy the laws of the User Country. In this case, if you proceed to use the Website, you agree to indemnify us for any loss or damage which we may incur as a consequence.

Restrictions on Use
We have the right to change or discontinue any feature of the Website including the products, availability and equipment required for access.

Pricing and taxes
All pricing on the Nite Owls website is in Australian Dollars (AUD). All prices include Goods and Services Tax (GST). Nite Owls reserves the right to alter pricing without notice.

Trade marks
All names, logos and trademarks are either our property or the property of third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without our express written agreement or the relevant contributor.

Copyright
The content of this Website, including all product designs, images and other material are the copyright of Nite Owls.  Unauthorised use of their name, designs or images is strictly prohibited.

Limitation of Liability
Except as provided by the Prescribed Terms, neither we, contractors, and employees mentioned on the Website shall be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or access to or inability to use and access the Website and the Material.

Specific Warnings
You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

Internet Service Providers
If you are an internet service and/or access provider, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by the Terms and Conditions.

Hyperlinks
The Website contains hyperlinks and other pointers to internet websites operated by third parties (Linked Sites). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site.
The inclusion of any link does not imply our endorsement of the Linked Site. You link to any such Linked Site entirely at your own risk. We exercise no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites.
The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site may change without notice by the operator of that website. We are not liable for the prices or price changes, including where price changes have not been reflected on the relevant site.
Any purchases or dealings you have with a Linked Site are done at your own risk. We are not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the Terms and Conditions of this Website. If there is any inconsistency, to the extent of the inconsistency, the Terms and Conditions of this Website prevail.

Disputes with Linked Sites
As we do not and cannot be involved in your interaction with Linked Sites, in the event that you have a dispute with one or more Linked Sites, to the extent permitted by law, you agree to release us (and our contractors and employees) from liability for any claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes.

Termination
The Terms and Conditions are effective until terminated by us. We may terminate this agreement and your access to the Website at any time without notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.

Privacy Policy
In accordance with the National Privacy Principles, we will not collect sensitive information about you (including information about your health, racial or ethnic origin, political or religious beliefs, philosophical beliefs, membership of professional or trade associations or unions, sexual practices and criminal records) unless you have consented to this or unless we believe we are required by law to do so.
Personal information which we collect (including your contact details) is kept confidential to the best of our ability.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this Website. You are entitled to edit or delete such information unless we are required by law to retain it.

Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Indemnity Clause
You indemnify us including our officers, agents and contractors (those indemnified) regardless of any negligence on our part, against all losses, liabilities, legal costs and other expenses incurred by those indemnified arising directly or indirectly as a result of or in connections with the breach by you of any provision of these Terms and Conditions or any wilful, unlawful or negligent act by you in connection with the supply by Nite Owls to you of, or use by you of, any product or service.

Miscellaneous
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between Nite Owls and you with respect to the subject matter.

Refunds and Exchanges
Nite Owls prides itself on quality.  If however, you receive your order and there is a fault, please contact us within 7 days to organise an exchange or refund.  We are committed to providing you with a quality product.

As our products are made to order, Nite Owls will not provide a refund or exchange for a change of mind.  We only offer an exchange if you receive a damaged, defective or incorrect item.

Delivery charges are not refundable.

Care Instructions
Lampshades should be handle with care.  Excessive handling could damage the product.  Nite Owls does not accept responsibility for products that have been misused or damaged through inappropriate use or handling.

Keep your lampshade dry at all times, any water or liquid will mark your lampshade and result in certain visual damage.  Liquids could also potentially damage the structure of the lampshade.  For cleaning, dust your lampshade regularly.

We recommend the use of a maximum 40 watt light bulb. The use of energy saver bulbs is preferable as less heat is generated from the light.   Lower wattage bulbs will prolong the life of the lampshade.

As with the use of any electrical appliance, parental supervision is required when children are using their lamp.

Nite Owls provides care and safety instructions and cannot be held responsible if this advice is not followed.